By-Laws

The by-laws are a set of rules for a community titles scheme that regulate various matters including the keeping of animals, noise and parking on common property. The BCCM Act allows a body corporate to adopt standard by-laws set out in the BCCM Act, or to make by-laws that best suit its individual circumstances and are established when the scheme is first established.

Owners are encouraged to obtain copies of the bylaws to ensure they are familiar with their rights and responsibilities. By-laws are contained in the CMS for a community titles scheme.

One of the primary functions of the body corporate is to regulate the use of the lots and common property within the scheme, for the benefit of all lot owners. The body corporate does this by establishing and enforcing by-laws so they can control and manage common property like driveways, car parks, and swimming pools for example.

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Getting the right advice on whether a by-law is lawful should be the first step in any by-law dispute. There is no point in trying to enforce something that is simply unlawful. By-Laws must be consistent with the legislation and the body corporate must enforce the by-laws.